• Insights

Social Security Ruling Affects Onboarding Checks

February 7, 2018

insight-news-default

Country / Territory

  • European UnionEuropean Union

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

The Court of Justice of the European Union has ruled that EU social security certificates can be called into question if there is evidence of fraud. Their ruling sets up a procedure for host countries who suspect workers of holding fraudulent social security documents to investigate and, if there is a finding of fraud, to remedy the situation. This ruling exposes employers to risks if their workers are found to have fraudulent social security documents and employers may have to make social security back payment contributions.  Furthermore, this ruling may also affect the validity of employee’s work permits, amongst other penalties. Therefore, this ruling increases the importance of onboarding checks and document retention for host entities.


The situation

The Court of Justice of the European Union has ruled that EU social security certificates can be called into question if there is evidence of fraud.

A closer look

  • Procedure for fraud investigation.
    • A host company must carefully check the documents obtained for the purpose of compliance for posting on the employee’s start date.
    • If a host company suspects fraud in a social security certificate, they should ask the home company to verify whether all facts and conditions for issuance of a valid EU social security certificate were disclosed with the home (issuing) authorities.
    • If a host authority detects or has a suspicion of fraud, then it will contact the home (issuing) authority and ask to investigate the facts underlying the issuance of the certificate again. If the social security certificate were to be invalidated, this means that the foreign national worker should have been under host social security all along, and one of the key work authorization application documents will be deemed fraudulent.
  • Disregarding social security certificate. The courts of the host country may disregard the social security certificate if the applicant is found to have intentionally concealed that conditions for the social security certificate were not met and the home (issuing) authorities did not investigate clear concerns of fraud within a reasonable period of time.
  • Posted workers affected. The ruling affects foreign national workers temporarily sent from one EU country to another who want to remain under the social security scheme of the sending EU country. Both EU and non-EU nationals can be posted workers and may be affected.
  • Social Security coverage requirements. Eight EU countries require proof of social security coverage as part of the work authorization application for temporary workers. However, this does not mean that only those countries are affected. Pursuant to the present ruling, it is expected that all EU countries will more closely investigate A1 certificates (social security certificates) and start an investigation procedure with the EU Administrative Commission for social security.

 

Impact for foreign nationals

  • If a social security certificate is disregarded, in principle, host social security will become due. This means a fragmentation of the social security record of the individual. In some countries, the authorities may retroactively question the validity of the work authorization itself.  

 

Impact for employers

  • Social security penalties. If the social security certificate is disregarded, foreign workers are likely to fall under the host company’s country’s social security regulations.
    • Back pay. Employers are likely to be ordered to make back pay host social security contributions over the posting period, for both the employer and employee’s parts. These amounts can be considerable, especially in the case of fraud.
    • Fines. Host authorities are likely to impose fines on the host companies. Many EU countries have an ongoing policy to reduce differences in employment conditions between posted and host country (local) workers (known as “social dumping”).

 

Ensuring Compliance

  • Onboarding checks. To prevent penalties, host companies are advised to check the social security coverage of their temporary/posted workers.
  • Document retention. Many EU countries already include social security certificates in the list of documents that host employers must have on file for all foreign national workers on their worksites. Host entities are advised to strictly observe these document retention obligations. 
  • Fragomen support. Fragomen offers support with immigration and social security advice and compliance checks and with planning a compliant EU migration policy.

 

Background

  • Social security certificates. Foreign national workers posted to another country can prove that they continue to pay social security contributions in their home country via a Certificate of Coverage. Within the EU, these certificates were once called E101, now they are better known as A1 certificates.
  • Cooperation and trust. EU Member States must respect each other according to the EU principles of sincere cooperation and mutual trust. An EU country may not unilaterally question or disregard the validity of social security certificates issued by another EU country, but they are able to commence an appropriate investigation procedure.
  • Administrative errors. Even when a social security certificate has been issued based on an objective or administrative error, which has been confirmed by the issuing authority, but no fraud has been detected, authorities in the host country must continue to respect the certificate until it is formally withdrawn or declared invalid.

 

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

Country / Territory

  • European UnionEuropean Union

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Business Insider: 3 Lawyers React to Trump's New Limits on Student Visas

Counsel Brian Hunt discusses how proposed changes to F-1 student visas could create uncertainty for international students transitioning to the US workforce.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Rechtliche Risiken bei Mitarbeitereinsätzen aus dem Ausland

Senior Manager Katharina Vorländer explains how employers and clients can reduce legal risks during cross-border employee assignments in Germany.

Learn more

Blog post

Mainland vs. Free Zone in the UAE: Choosing the Right Company Structure in 2026

Senior Manager Zak Hynes explores the key factors businesses should consider when establishing a presence in the UAE—from operating model and visa requirements to banking, office needs and long-term growth plans—in our new blog. The right structure is the one that best supports your business strategy, not simply the lowest upfront cost.

Learn more

Video

2026 Regional Immigration Overviews | #MobilityMinute

Partner Catherine Macris highlights key findings from Fragomen’s 2026 regional immigration overviews, including tighter compliance controls, digital border transformation and emerging pathways for global talent.

Learn more

Media mentions

Gazeta Prawna: Unijny parasol nad pracownikami z Ukrainy rozpięty do 2028 r. Polscy pracodawcy mogą spać spokojnie, ale czas ucieka

Partner Karolina Schiffter discusses how the EU's extension of temporary protection for Ukrainian citizens through 2028 will affect employers in Poland.

Learn more

Fragomen news

Fragomen's Immigration Guide for the UK Tech Sector

Fragomen’s "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.

Learn more

Blog post

The J-1 Research Scholar Visa: An Underutilized Pathway for Employers to Retain Global Research Talent

Center for Strategy and Applied Insights Senior Director Leah Rogal examines how employers can use the J-1 Research Scholar visa to retain eligible global research talent, support long-term research initiatives and strengthen workforce and immigration planning.

Learn more

Blog post

Twenty Years Forward: What the Middle East Reveals About the Future of Global Mobility

In this blog, Middle East and Africa Private Client Practice Director Nofi Mojidi-Bayna explores how evolving residency frameworks across the region are reshaping long-term mobility planning and examines the three global forces transforming immigration strategy for businesses, investors and internationally mobile families.

Learn more

Blog post

UK Launches Visa Fees Reimbursement Scheme for Scale Ups Hiring Global Talent

In this blog, Associate Halil Kaya outlines the UK Visa Fees Reimbursement Scheme for Scale Ups, including eligibility requirements, available funding and key considerations for high-growth businesses recruiting international talent.

Learn more

Media mentions

The PIE: Canada Fraud Case Exposes “Acute” Sector Integrity Issues

Partner Jack Kim discusses how fraud has shaped Canada's international student reforms and ongoing integrity efforts.

Learn more

Blog post

Skilled Worker Salary Changes: What Employers Need to Know

In this blog, Senior Associate Charlotte Roberts explains what these changes mean for employers, why salary discounts may no longer be a reliable long-term strategy and how early workforce planning can help businesses continue to access international talent while managing compliance and costs.

Learn more

Media mentions

Markt und Mittelstand: EU-Entsendung: Diese Fehler kosten Unternehmen bis zu 500.000 Euro

Senior Associate Isabel Schnitzler outlines the key compliance considerations for employers with employees working across the EU.

Learn more

Media mentions

Business Insider: 3 Lawyers React to Trump's New Limits on Student Visas

Counsel Brian Hunt discusses how proposed changes to F-1 student visas could create uncertainty for international students transitioning to the US workforce.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Rechtliche Risiken bei Mitarbeitereinsätzen aus dem Ausland

Senior Manager Katharina Vorländer explains how employers and clients can reduce legal risks during cross-border employee assignments in Germany.

Learn more

Blog post

Mainland vs. Free Zone in the UAE: Choosing the Right Company Structure in 2026

Senior Manager Zak Hynes explores the key factors businesses should consider when establishing a presence in the UAE—from operating model and visa requirements to banking, office needs and long-term growth plans—in our new blog. The right structure is the one that best supports your business strategy, not simply the lowest upfront cost.

Learn more

Video

2026 Regional Immigration Overviews | #MobilityMinute

Partner Catherine Macris highlights key findings from Fragomen’s 2026 regional immigration overviews, including tighter compliance controls, digital border transformation and emerging pathways for global talent.

Learn more

Media mentions

Gazeta Prawna: Unijny parasol nad pracownikami z Ukrainy rozpięty do 2028 r. Polscy pracodawcy mogą spać spokojnie, ale czas ucieka

Partner Karolina Schiffter discusses how the EU's extension of temporary protection for Ukrainian citizens through 2028 will affect employers in Poland.

Learn more

Fragomen news

Fragomen's Immigration Guide for the UK Tech Sector

Fragomen’s "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.

Learn more

Blog post

The J-1 Research Scholar Visa: An Underutilized Pathway for Employers to Retain Global Research Talent

Center for Strategy and Applied Insights Senior Director Leah Rogal examines how employers can use the J-1 Research Scholar visa to retain eligible global research talent, support long-term research initiatives and strengthen workforce and immigration planning.

Learn more

Blog post

Twenty Years Forward: What the Middle East Reveals About the Future of Global Mobility

In this blog, Middle East and Africa Private Client Practice Director Nofi Mojidi-Bayna explores how evolving residency frameworks across the region are reshaping long-term mobility planning and examines the three global forces transforming immigration strategy for businesses, investors and internationally mobile families.

Learn more

Blog post

UK Launches Visa Fees Reimbursement Scheme for Scale Ups Hiring Global Talent

In this blog, Associate Halil Kaya outlines the UK Visa Fees Reimbursement Scheme for Scale Ups, including eligibility requirements, available funding and key considerations for high-growth businesses recruiting international talent.

Learn more

Media mentions

The PIE: Canada Fraud Case Exposes “Acute” Sector Integrity Issues

Partner Jack Kim discusses how fraud has shaped Canada's international student reforms and ongoing integrity efforts.

Learn more

Blog post

Skilled Worker Salary Changes: What Employers Need to Know

In this blog, Senior Associate Charlotte Roberts explains what these changes mean for employers, why salary discounts may no longer be a reliable long-term strategy and how early workforce planning can help businesses continue to access international talent while managing compliance and costs.

Learn more

Media mentions

Markt und Mittelstand: EU-Entsendung: Diese Fehler kosten Unternehmen bis zu 500.000 Euro

Senior Associate Isabel Schnitzler outlines the key compliance considerations for employers with employees working across the EU.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
July 22, 2026 | CanadaCanada: Ontario Immigrant Nominee Program Redesign; Phase 1 Launches Workforce Priority Stream
July 23, 2026 | Ireland Ireland: Temporary Residence Permission Renewal Measures Extended Amid Processing Delays
July 23, 2026 | United KingdomUnited Kingdom: Migration Advisory Committee Publishes Second Stage Temporary Shortage List Report
July 23, 2026 | United StatesUnited States: The New Rule on Fixed Periods of Stay for F, J, and I Nonimmigrants: What Foreign Nationals and Employers Need to Know
July 22, 2026 | United StatesBusiness Insider: 3 Lawyers React to Trump's New Limits on Student Visas
July 22, 2026 | CanadaCanada: Ontario Immigrant Nominee Program Redesign; Phase 1 Launches Workforce Priority Stream
July 23, 2026 | Ireland Ireland: Temporary Residence Permission Renewal Measures Extended Amid Processing Delays
July 23, 2026 | United KingdomUnited Kingdom: Migration Advisory Committee Publishes Second Stage Temporary Shortage List Report
July 23, 2026 | United StatesUnited States: The New Rule on Fixed Periods of Stay for F, J, and I Nonimmigrants: What Foreign Nationals and Employers Need to Know
July 22, 2026 | United StatesBusiness Insider: 3 Lawyers React to Trump's New Limits on Student Visas
July 22, 2026 | CanadaCanada: Ontario Immigrant Nominee Program Redesign; Phase 1 Launches Workforce Priority Stream
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.